Trump Extends $100,000 H-1B Fee Despite Court Block

President Trump extended a $100,000 H-1B payment requirement for another year, preserving a major restriction on hiring skilled workers from abroad even as federal courts consider whether the administration has authority to impose it.

What the Proclamation Does

President Donald Trump signed the proclamation on September 18, 2026, shortly before the original policy was scheduled to expire. The extension runs through September 21, 2027, unless it is renewed again or altered through litigation.

The measure restricts the entry of certain H-1B workers unless their employers provide a $100,000 payment with the relevant petition. It principally targets workers outside the United States who must enter the country to begin employment, including those completing consular processing. The proclamation allows the homeland security secretary to grant exceptions for particular workers, employers or industries when their hiring is considered in the national interest.

The White House said the restriction is intended to discourage employers from using the H-1B program for lower-paid labor. The administration also pointed to declines in registrations from large information technology outsourcing companies and fewer consular-processing requests as evidence that its broader H-1B policies are changing employer behavior.

The Fee Remains Blocked

The extension does not resolve the policy's legal problems. On June 8, 2026, a federal judge in Massachusetts vacated the government's implementation of the payment requirement, finding that the executive branch lacked clear congressional authority to impose a charge resembling a tax.

The Trump administration appealed and asked the U.S. Court of Appeals for the First Circuit to pause that decision. On July 24, 2026, the appeals court rejected the request, concluding that the government had not made a strong showing that it was likely to prevail.

As of September 19, 2026, the fee is not currently being collected under the blocked policy while the appeal continues. The new proclamation extends the intended duration of the restriction but does not, by itself, overturn the court order preventing enforcement.

What Applicants Should Watch

The distinction is important for international students and professionals considering H-1B sponsorship. The proclamation does not state that every H-1B filing carries the $100,000 charge; its language focuses on covered workers who need admission to the United States. Cases involving a change of status from F-1 to H-1B inside the country may therefore be situated differently from petitions requiring consular processing.

Employers and applicants should monitor the appeal and any updated guidance from U.S. Citizenship and Immigration Services or the State Department before making filing or travel decisions. A later court order could change whether the payment may be collected and which cases are affected.

This article provides general information and is not legal advice. Individual immigration circumstances should be reviewed with a qualified professional.

Sources

• Trump Extends $100,000 H-1B Visa Fee as Legal Fight Plays Out — Bloomberg (September 18, 2026)
• Restriction on Entry of Certain Nonimmigrant Workers — The White House (September 18, 2026)
• State of California v. Mullin — U.S. Court of Appeals for the First Circuit (July 24, 2026)